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Hoesly v. State, Dept. of Social Services, 243 Neb. 304, 498 N.W.2d 571

Facts

William Hoesly was receiving public assistance when his father died, leaving behind two certificates of deposit. Hoesly had not contributed to these accounts and had a minimal bank balance prior to his father's death. After being notified of his impending disqualification due to exceeding the asset limit, Hoesly renounced his interest in the certificates, claiming he did not need the money. The Department of Social Services determined that this renunciation was made with the intent to qualify for assistance, leading to the appeal.

Acting through the defendant-appellee Nebraska Department of Social Services and its director, the defendant-appellee Kermit R. McMurry, the State disqualified the plaintiff-appellant, William Hoesly, from receiving further public assistance monies. Hoesly appealed to the district court, which implicitly found that Hoesly had renounced an after-acquired interest in certain personal property with the intention and for the purpose of continuing to qualify for such assistance, and thus affirmed the State's determination.

Issue

Did Hoesly's renunciation of his interest in the certificates of deposit disqualify him from receiving public assistance under Nebraska law?

Did Hoesly's renunciation of his interest in the certificates of deposit disqualify him from receiving public assistance under Nebraska law?

Rule

Under Neb.Rev.Stat. § 68–1002, an individual is ineligible for public assistance if they have deprived themselves of property for the purpose of qualifying for such assistance.

Under Neb.Rev.Stat. § 68–1002, an individual must not have 'deprived himself directly or indirectly of any property whatsoever for the purpose of qualifying for' such assistance.

Analysis

The court analyzed whether Hoesly's renunciation was made with the intention of qualifying for public assistance. It noted that Hoesly's actions, particularly the timing of his renunciation shortly after being notified of his disqualification, supported the conclusion that he acted with the intent to become eligible for assistance. The court emphasized that the statutory language clearly prohibits individuals from intentionally depriving themselves of property to qualify for benefits.

The fact that Hoesly renounced his interest in the certificates of deposit shortly after he was notified of the termination of his eligibility for public assistance supports the district court's finding, as does Hoesly's statement that he was 'getting along fine and … didn't need the money.'

Conclusion

The Supreme Court affirmed the district court's ruling, concluding that Hoesly's renunciation of his interest in the certificates of deposit rendered him ineligible for public assistance.

The judgment of the district court is affirmed.

Who won?

Nebraska Department of Social Services prevailed because the court found that Hoesly's renunciation was made with the intent to qualify for public assistance, violating the statutory provisions.

Hoesly has failed to meet his burden of proving his entitlement to public assistance, see Meier v. State, 227 Neb. 376, 417 N.W.2d 771 (1988), his assignment of error is without merit.

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